Additionally, pursuant to s 213 (5), a landlord who has received a deposit must give to the
tenant and any other «relevant person» (defined in s 213 (10) as any person who has
paid the deposit
on behalf of the
tenant) certain prescribed information as set out in s 213 (5) HA 2004 and the Housing (Tenancy Deposits) Prescribed Information) Order 2007 (SI 2007/797).
Joseph P. Day Realty Corp. v. Chera (308 A.D. 2d 148)- broker's complaint for commissions reinstated where questions
of fact exist as to whether broker was the procuring cause
of a commercial
tenant and if there was an implied contract which arose from landlord's acceptance
of the benefits
of broker's services; broker must plead and prove a contract
of employment, express or implied, and in the absence
of an express contract, an implied contract may be established in some cases by the mere acceptance
of the labors
of the broker; broker failed to establish that it was a third party beneficiary
of lease agreement between landlord and
tenant where provisions in lease merely provided for indemnification between the parties and did not expressly set forth that one party would be obligated to
pay the broker's commission; indemnification provisions in the lease agreement do provide evidence
of implied contract
of employment with landlord where landlord agreed to indemnify
tenant against brokerage commission claims from all brokers including plaintiff and where, to the contrary,
tenant's reciprocal indemnification excluded plaintiff; triable issues
of fact exist as to whether broker was the procuring cause where broker introduced the parties, showed the space to
tenant's representatives, was involved in weekly negotiations with the parties over the lease terms, conveyed offers
on behalf of tenant to landlord and participated in the meeting with the landlord and
tenant at which the lease terms were finalized
A deposit if originally
paid by a state, or government agency is
paid to landlord
on behalf of tenant,, it is refunded to
tenant,, not back to state or government agency,, you can double check but that is usually the rule.